The man who was the driver in the accident of last Friday morning that killed his 22 year-old girlfriend and left her 6 year-old son in a coma was arrested yesterday and faces multiple felony charges, including gross vehicular manslaughter while intoxicated.
Jose Lumbreras 24 years-old of Berkeley had a blood alcohol count of .219, which is two and a half times the legal limit of 0.08, remains in Highland Hospital in Oakland after the crash, according to Berkeley Police Officials. His girlfriend, Milanca Lopez, who was sitting in the front passenger seat and was not wearing a seat belt, died at the scene.
According to police the Cadillac driven by Lumbreras was traveling about 64 mph northbound on California Street, a quiet residential street, about 1:15 a.m. Friday when it hit a traffic circle at Allston Way, became airborne and hit a tree about 20 yards on the opposite side of the circle, police said.
No skid marks were found at the scene of the crash, a strong indication Lumbreras didn’t attempt to slow down before hitting the concrete curb around the traffic circle, said Berkeley police Sgt. Mary Kusmiss.
Lopez’s 6-year-old son, Xavier, who was wearing a seat belt in the back seat but was not in a booster, is in a coma on life support and has “minor brain function,” police said.
A spokeswoman for the Alameda County district attorney, said the one count of gross vehicular manslaughter while intoxicated taken by itself carries prison time of between four and 10 years on conviction.
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